hospitalized because of flu symptoms. >> gregg: molly henneberg, thanks so much. >> jamie: thanks. this year's flu season is gearing up to be the worst on the record according to cdc. number of americans reporting flu-like symptoms climbing to 6%. compare that to last year at this time when 2.2% of folks were reporting similar symptoms. so far a total of 41 states have reported widespread cases of the flu. >> gregg: president obama hawaiian vacation is about to end. he is set to depart several hours from now and waiting for him in washington a new tuesday well the g.o.p. over raising the debt ceiling. joining us now is wendall goler, hope you holding okay. talk to the president and what he is going to be greeted with.

>> reporter: he a used his weekly address to warn republicans not to use the debate over raising the nation's debt ceiling to try and force government spending cuts but even as former budget director say that republicans are more likely to have more leverage. the problem is the president sees it threatening to not paying bills could raise the cost of borrowing money and a genuine u.s. government default could trigger a global recession. >> congress refuses to give the united states the ability to pay its bills on time, consequences could be catastrophic. last time coming threatened this course of action, our entire economy suffered for it. our families and businesses cannot afford that dangerous game again. >> reporter: congressional budget office passed a bill to avoid the fiscal cliff still leaves $900 billion a year in deficits. republicans say by raising taxes

on the wealthy they have ended the revenue debate but president says reduces the deficit requires a spending cuts and increased revenue cuts from reforming the tax code. they do agree it does need reforming. >> the irs tax code is too complex, too costly and too unfair. there is something fundamentally wrong when roughly 60% of taxpayers have to hire a professional just to do their taxes. you shouldn't need an army of lawyers and accountants to understand the tax code. >> reporter: republicans that voted in favor of the fiscal cliff deal they were voting 90% of companies facing tax hike but the 2% that do face higher taxes and they have primary challenges against republicans in 2014. we have reached the debt ceiling

but geithner says creative accounting can buy us a couple of months so the fight over the debt ceiling hike is likely to begin in a couple of weeks. >> jamie: there will be a looming battle over raising the debt ceiling and how much political capital does the president have left. john is economist and co-author of "who's counting?" sounds like the president is not willing to budge and majority leader says he is going fight for the finish. >> the president is looking at poll numbers that he is doing well and he got the better of the fiscal cliff debate. i think he is going for round two but the debt ceiling is different. he campaigned on balanced

approach of spending restraint along with taxes increases on the wealthy. we just had the tax increases and not just top 2% but 78% of americans got a tax increase. that means your paycheck is going to be 1% less, at least than it was a few weeks before. so the president already raised taxes or cooperated in raising taxes. now, the republicans are saying if you want to raise the debt ceiling you have to match it one for one with spending cuts. i think what the house is going to do is pass a bill doing exactly that, send it to senate. that is the black hole when it comes to passing things. they haven't had a budget passed in three years and then the president has to decide how much he wants to get involved. >> jamie: do you think he could raise the debt ceiling without getting the consensus of congress? >> he has already done things that most cooling scholars is

dubious. he made appointments in congress when congress was out of session but congress said it wasn't out of session. nancy pelosi the democratic leader of the house has said the president should do this and she'll back him up. if the president did that it might go to court. i don't think the courts would exercise injure diction on that. of course the president would do that. if the consequences are catastrophic as they claim, i don't think they will be, of course he'll do it. >> jamie: you talk about the republicans' approach of cutting spending in order to make this deal on raising the debt ceiling. is there any other choice than to cut spending? >> you can do three things without problems unless you wanted to become greece. you can cut spending, reduce the rate of spending that we have. you can raise taxes. we just did that or you can print monday and we have done a lot of that.

those are three choices. >> jamie: what about a potential government shutdown? >> if the president doesn't exercise a unilateral decision to raise the debt ceiling and wants to go with the republicans we could have a government shutdown. they really don't mean that everybody stops working. it means we shut down a few things and the basic business of government getting out social security checks goes on. that is why i think if we would be rational, both republicans and democrats would agree with senator toomey's bill. we should prioritize what we do. so if we have the debt ceiling to hit, we pay things that really matter like the interest on our bonds. social security payments things like that. we do it in order prioritizing certain things. >> jamie: let me ask can you globally. president made a statement if

congress doesn't cooperate to pay bills on time, there would be a global impact that would be catastrophic. is that correct? >> i think it wouldn't be helpful. i don't think it would be catastrophic. what would be worse is if the global markets looked at us, forumteenth time we had to make a decision to -- umpteenth time we have had to look at this. and long term. this government can't governor itself so it's a technical default because we are going be paying the iontd those loans. >> jamie: it's complicated. >> make sure and tune in tomorrow. john robertson is filling in for kris wallace and he'll discuss the up coming debt ceilingte in an exclusive interview with jim jordan and chris van hollen

from maryland. you will want to check your local listings for times on that. >> gregg: pressure is mounting in washington, d.c. to cut aid to egypt. later this month the u.s. set to deliver fighter jets, tankers, millions of dollars in aid to egypt. it's the first part of a $213 million foreign aid deal struck with former president hosni mubarak. now with mohammed morsi as the one leading egypt's government and america's uncertainty, a growing number of critics want the obama administration to pull the plug. >> jamie: over to syria. rebels fighting their way closer to assad stronghold in the capital. reports of another car bombing in damascus as well following a series of deadly attacks at a gas station in the capital that the government is blaming on the rebels. a human rights group is

reporting battles south of city and on the road to the airport. meanwhile, state tv says president assad will deliver a speech tomorrow what will be his first major public statement in weeks. >> gregg: a battle over gun ownership and privacy is growing in new york state. putnam county is thrown in the national spotlight after officials deny that a local newspaper's request for local information on every piss tool permit holder. they plan to publish online like it did no two neighboring counties is plain wrong. david lee miller has more. >> a quiet suburb on the outskirts of new york city is in the crosshairs of a national controversy. county clerk has refused to comply with the freedom of information request filed by a local newspaper. it wants the names and adoctors of residents with pistol

permits. so far two nearby counties have done so. the paper is publishing the information on its website using an interactive map. the clerk refuses to release the data saying it's a violation of privacy that puts legal gun owners at risk. >> i am a man that follows the rule of law. we're not talking about the rule of law anymore. we're talking about endangering our citizens. >> reporter: this man a retired police officer who lives in the country county and has a pistol permit is worried that his personal information will be published. >> i don't want people who i have had pleasant encounters with finding out where i live. >> they released a statement saying in part we believe the law is clear that this is public information and that the residents of putnam are entitled

to see it. >> in my opinion if they are to comply with law they have no choice but to disclose. >> reporter: next step will likely be in the courts. putnam's county executive is brace fog are a battle. >> pistol permit controversy has led to a backlash against the newspaper. after receiving angry phone calls and e-mails it hired armed guards to protect its staff. >> gregg: and now a new york state senator is planning to enter as a bill that effectively would give law enforcement discretion over releasing public information on gun permits. we're going to be hearing directly from the state senator gregg ball himself. i'll be talking to him when he joins us a little later this hour. >> jamie: there is more. jam packed show and still to

come, they are proposing new safety food rules after responding to a series of deadly out breaks of illness. >> gregg: plus president obama is expected to nominate a former nebraska senator to be the next defense secretary but that nomination is not winning universal applause. >> jamie: also, cherished items that were damaged in hurricane sandy. volunteers helping save treasured photos as victims remember everything else they lost. >> in the grand scheme of things they were only pictures but to us they are our history. >> that is is my sister. she is gone. rest in peace. my mother, my father. >> a lot of people in this picture are gone. aig? we said we were going to turn it around, and we did. woman: we're helping

joplin, missouri, come back from a devastating tornado. man: and now we're helping the t recover from hurricane sandy. we're a leading global insurance company, based right here in america. we've repaid every dollar america lent us. everything, plus a profit of more than $22 billion. for the american people. thank you, america. helping people recover and rebuild -- that's what we do. now let's bring on tomorrow.

♪ ooh baby, can i do for you today? ♪ [ female announcer ] need help keeping your digestive balance? align can help. nly align has bifantis, a patented probiotic that naturally helps maintain your digestive balance. try align to help retain a balanced digestive system. try the #1 gastroenterologist recommended probiotic. align.

>>. >> gregg: welcome back. a powerful earthquake rocking alaska. they say the magnitude 7.5 quake struck 60 miles off the coastline overnight and triggered a bruif tsunami warning. president obama's 2008 campaign getting slapped with a 2008 fine. >> they say necessity failed to reported some. >> they wanted to make food safe. they want to be more vigilant with record keeping and contingency plans for preventing out breaks. >> jamie: we're hearing reports that president obama will soon announce his pick for america's next defense secretary.

multiple sources telling fox news that the president will likely nominate chuck hagel to replace leon panetta. james rosen has the story from washington. >> reporter: good evening. two democratic sources confirmed to i had henry late yesterday that president obama has, indeed setled on chuck hagel to lead the pentagon. it comes despite many indications that he would face rocky confirmation hearing. he has a history of blunted statements including a reference to, quote. jewish lobby as an intimidating force on capitol hill that would draw scrutiny. once more he has at times resisted sanctions against iran for its nuclear program and balked efforts to designate hezbollah as a terrorist group. >> i have serious reservations

on some of his statements in the past. >> reporter: supporters say his infantry service where he was awarded two purple hearts make it superbly qualified. a group wrote to obama to throw his support behind hagel that enjoys the backing that one opinion that matters most. >> he is patriot and he has done extraordinary work. somebody that has served this country with valor in vietnam. somebody who is currently serving on my intelligence advisory board. >> reporter: the white house said no decision has been made on the top pentagon spotted. >> jamie: what kind of confirmation are we in for if the president does nominate him? assistant to vice president

cheney steven yates will clinton us to discuss that. >> gregg: grand new videotape. thousands of new yorkers saying goodbye to the beloved boardwalk go. demolition begin today after the hundred year old structure suffered major damage from super storm sandy. the boardwalk has been the city's most recognizable landmark. >> jamie: some volunteers are launching new effort to help victims of sandy. they are trying to save thousands of treasured photos that were damaged during the storm. anna is live with a heartwarming story. >> reporter: each week, album restoration efforts sets a collection center to bring damaged pictures and digital artists are keeping memories alive. >> we can replace our homes and

jobs and clothes but one of the things we can't replace is photographs. >> they have recruited volunteers as far away as israel and ukraine. they are using new technology to remove mud stains and watermarks to restore the photos even reconstructing missing parts. >> the process of fixing something for me fulfilling and satisfying. you look at the above and after, it's a great feeling to see something restored. >> reporter: this couple here rode out the storm in their house in oceanside. their basement completely flooded saturating. >> everything the moment i saw this white album and i closed my eyes, don't make it the wedding album. >> it was. >> i picked it up, i just picked it up and water is gushing out of it. like i said my heart sunk.

>> they say their wedding pictures taken 45 years ago is one of the most prized possessions and they have been able to keep them in the family. each image takes 10-17 hours to restore. >> jamie: we appreciate they are doing that. thanks, anna. >> gregg: massive oil rig stranded on a remote alaska extraian coastline. what is being done. >> jamie: we talked a little bit about this story, a local newspaper is at odds over public access to the names of those holders of gun permits. next, a new york state senator explains the steps he is taking to protect the rights of law abiding citizens. >> we're not talking about the rule of law anymore. we're talking about endangering our citizens. these laws were written almost 30 years ago.

30 years ago we didn't have computers. we didn't have facebook. we didn't have social media and we certainly didn't have google maps. vo: this week at officemax everything you can fit in this bag is 20% off. saving 20% on everything your company needs. it's a big deal. check your december 30th sunday paper or print the coupon at officemax.com. constipated? yeah. mm. some laxatives like dulcolax can cause cramps. but phillips' caplets don't. they have magnesium. for effective relief of occasional constipation. thanks. [ phillips' lady ] live the regular life. phillips'.

>> gregg: it is the bottom of the hour, a severe strain of the flu is now in more than two dozen states sending thousands of people to the hospital and concerns are growing as the

virus continues to spread. >> jamie: sources tell fox news president obama is preparing to to nominate chuck hagel as next defense seche would need senate confirmation before replacing leon panetta, an announcement could come as early as monday. >> gregg: reports that lance armstrong may be ready to change his story on doping charges. "new york times" reporting sources undisclosed could close to the cycling champion but an attorney for armstrong says his client is not considering a confession. >> there is growing concerns over stranded oil rig in remote area of alaska. its massive platform running aground kodiak island. they are scrambling to secure the troubled rig before another storm does more damage. dominic is joining us from los angeles with more. >> sea, air and land efforts.

they are sending in more to remote island of southern alaska but weather conditions are plaguing this recovery. what they describe as coastguard unified command. there is 14 support ships and dropping crews on to the platform. they have to get new power generated others board to replace those damaged by water during the storm. it happened on new year's eve. it's very dangerous work. >> we have so many people involved in this response operation. we have people staging in different areas. it's maintaining that safety. we've been going on this operation for days and very challenging conditions. >> reporter: the deep concern is potential of any fuel leaking. no sign of that so far. there is 150,000 gallons of fuel

on board and shell is very worried the environmental disaster as a result of that. their drilling in the arctic, one mishap after another and the company could have an oil disaster on its hands. >> we wanted to make sure that there are no spills. right now we are confident there are none but weather is in charge here. >> reporter: and prospected of the second storm, it's going to hamper the effort. the rig is wedged on top of rock and seems to be security for the time being but all same there is pressure and the company itself to get it free and get it to a place of safety in time for the storm which is just a day or so away now. >> jamie: time counts. thanks so much. >> gregg: a new york county is vowing to stay the course in its

fight against a local newspaper. putnam county clerk refusing to release the names and addresses of law abiding pistol owners to the journal news the paper wants to publish the information where two counties the gun data from westchester and rocklin county is already available. they say they are taking a stand to ensure their residents privacy. joining us is gregg ball to give law enforcement discretion in these situations. is there any doubt in your mind that this newspaper, the journal news, is trying to stigmatize law abiding gun owners and in the process of jeopardizing the life of citizens? >> there is no question whatsoever. this editorial board, they have

always used editorial pages to sympathize with folks like terrorists and sexual predators. they believe that people who are obeying the law and exercising second amendment, they have never used power to create an interactive for level three sexual predators. your average sexual predator -- it's their prerogative. they talk about the gun owner next-door, people that obey laws retired police officers are part of the problem. >> they will be shamed and sexual predators will not be. i happen to live there. i can attest to the fact that people are fuming at the newspaper because they feel as though that paper is actively helping criminals, burglars, some of them violent criminals target and attack particular

homes that they know don't have guns. especially the parents of children who live in those homes. do you think the newspaper either doesn't get it or they do get it and they do not care? >> they get it. their name went from journal news to the euro news in less than seven days. they don't give a damn. they issued a public statement linking the atros it that happened in connecticut. anybody with any sense our heart goes out. you do everything we can. >> gregg: why did they do that. you mentioned a statement given by janet hassen who is publisher issuing a statement. armed guards, one of our rules is to reported publicly available information on timely

issues. we knew publication of a database would be controversial but we felt sharing information about gun permits on the air it was important in the aftermath of the newtown shooting. as a justification -- does that even make sense? >> doesn't make any sense whatsoever. they did it to sell papers and this is violation. this is an unwarranted invasion of privacy. freedom of information is to have an open, accountable government. not to invade people's privacy. i have victims of domestic violence who went off the grid to protect themselves. they were exposed a couple days before christmas by this editorial board. our cops, police officers, they put gang members in jail and now from is an interactive map online? this makes no sense whatsoever.

we have to stand firm and people should cancel their subscription. >> just because the paper may have at legal right and victims of violence, they already live in fear and now criminals no exactly you how to find them and re-victimize them all over again. 15 states, by the way, allow public access to people with guns and permits. what does your bill do? >> the conservative state of massachusetts, say that tongue-in-cheek has permit holder. it can't be publicly dispersed unless it's necessary for law enforcement how to access it in the way they wanted but the journal news wouldn't be able to do this. massachusetts, florida and other states have common sense measures to protect the owner. >> gregg: do you think you can get it passed? >> we do. the original bill in the assembly when the journal news

first did it as bipartisan support. they are pro-gun control that thinks it make sense. this is real repercussions for public safety and they have created a laundry list for criminals to go and knock down those doors. so people on both sides of the aisle can support it. >> it's ironic that the newspaper has hired armed guards. >> they have signed up to the nra and watching john wayne movies. >> gregg: so either boycotted the newspaper or cancel the subscription. a lost subscriptions are being cancelled. >> they lost 70,000 subscriptions because of the extreme tilt. >> what do you bet they won't get it? >> they will find a job at a university if the paper goes out. >> gregg: i don't have a

subscription, never thought it was much of a newspaper. take care. >> jamie: still ahead, president obama is expected to nominate a former nebraska senator to be our next defense secretary. biggest confirmation fight for years could be in the works. you won't believe how much one man spent on on this extremely rare bottle of scotch and he says it's all worth it. when you have diabetes... your doctor will say get smart about your weight. i tried weight loss plans... but their shakes aren't always made for people with diabetes. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have six grams of sugars. with fifteen grams of protein to help manage hunger... look who's getting smart about her weight. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes.

to get our adt security system. and one really big reason -- the house next door. our neighbor's house was broken into. luckily, her family wasn't there, but what if this happened here? what if our girls were home? and since we can't monitor everything 24/7, we got someone who could. adt. [ male announcer ] while some companies are new to home security, adt h been helping to save lives for over 135 years. we have more monitoring centers, more of tomorrow's technology right here today, and more value. 24/7 monitoring against burglary, fire, and high levels of carbon monoxide starting at just over $1 a day. and now get adt installed for just $99. isn't your family worth america's number-one security company, adt? our girls got us thinking, but the break-in got us calling. and after buying two of everything, it was nice to only need one security system -- adt. [ male announcer ] get adt installed for just $99. and ask about adt pulse, advanced home management here today. adt. always there.

>>. >> gregg: what would you do with an extra $27,000. would you abandonment car? how about buying a bottle of scotch. it's not just any scotch. 50-year old aged bottle, scotch whiskey. he is one of 16 people that purchased released worldwide each year. they say its worth every penny. >> i could have spent money on sports car or something else. i just happen to choose scotch. this is interesting to me. it's different. it's not something someone else has. >> all right. brush your teeth with it.

don't guzzle. wow! he is planning a special event to share the scotch with your family. don't do it. drink it yourself. >> jamie: just job front -- dismal. to kick off the new year, employers adding 155,000 jobs in december keeping the national unemployment rate stuck at 7.8%. the ranks of the unemployed grew to 12.2 million as more people renewed their search for a job. average unemployed person has been out of work for nearly 40 weeks. the percent of working age americans in the labor force is 63.6%, that is under 64% which is the longest stretch since 1980. what will it take to get back on track? what do the numbers mean? joining us is financial advisor dominic, great to see you.

there were a lot of people waiting on the sidelines. is this year going to be better than last year? >> we certainly don't expect that. one of my favorite sayings, definition of insanity is doing the same thing over and over again and expecting a different result. washington has been on specific path and the result is very dismal recovery in the economy. as such a dismal recovery in unemployment. >> jamie: what does it take? at this point the numbers where they are and some jobs in the private sector being created mostly, is there cumulative effect now? paychecks we'll have less so people will spend less and business owners will hire less? >> that is was the fear on in the original fiscal cliff. compromise hasn't been much better. it would suck money out of the economy and higher taxes that the regular consumer out there

and corporate america would have less money to spend. if they spend less money the average american doesn't have a job. so we hope we get some kind of resolution to fiscal cliff. another compromise, and we'll have real figures and then we can project the balance of the year. >> jamie: we were very uncertain at the end of the 2012, business owners were not hiring, the mark people were selling off. now, we know at least what the tax scenario is. we don't know what the spending cuts look like exactly. has it made it any more secure environment for employers to hire? >> it doesn't look that way. we had secretary of state, secretary of labor say the whole fiscal argument didn't have any effect on unemployment at all. it's ludicrous. half of americans ceos went down to washington and specifically told the obama administration and congress that this has a dramatic effect on their planning. so until we get a clearer picture on what kind of spending cuts are coming down the pike,

hopefully this gets resolved in the next 60 days. mer7bs and businesses are saying i would rather hold on to my cash. so estimates between one and three trillions dollars waiting until we have clarification. businesses make plans for 10-15 years down the road. they need a clear path. >> jamie: over the last year, one-third of the jobs created were temporary work jobs which i find interesting. we don't know how many will convert to permanent jobs. one bright spot appears to be manufacturing. how does that affect the economy? >> manufacturing could be a huge bright spot. primarily due to energy. we just saw an announcement by dow, they are going to build the largest chemical plant in the world and build in it texas because they can get cheap natural gas. that is on the footsteps of exxon and shev ron making the same kind of announcement. there is 12 natural gas plants

in the country on the agenda to get built because of cheap energy. manufacturing could be a huge winner here in this country and bring jobs back into this country as opposed to shipping them overseas. >> jamie: i really just want to ask you for practical purposes as people may have less money to take home, government gets more. i'm sure even though we alearn s year, this year, we know that milk and other basics will cost more. where are we at this point? >> we just have to get used to. at the end of the day, national debt is unsustainable. we do have to resolve it. i liken it to gas prices, we all tend to pull back a little bit. we cut spending and we get used to it and live within our means. as a country we need to live within our means. energy, real estate is getting better. get past this fiscal cliff, a lot of money could come into

economy. we could see a brighter second half of this year. >> jamie: we're going to hope so great to have you here. >> gregg: one of the most important jobs in the cabinet involving our national security may soon be filled. there may be a big confirmation battle over the next secretary of defense. president obama is expected to nominate this man, former nebraska senator chuck hagel. for and against his nomination straight ahead. look what mommy is having. mommy's having a french fry. yes she is, yes she is. [ bop ] [ male announcer ] could've had a v8. 100% vegetable juice, with three of your daily vegetable servings in every little bottle. [ slap! ] [ male announcer ] your favorite foods fighting you? fight back fast with tums. calcium-rich tums starts working so fast you'll forget you h heartburn. ♪ tum tum tum tum tums

>>. >> gregg: sources telling fox news president obama is expected to nominate chuck hagel for secretary of defense possibly as soon as monday. he would replace the out going

secretary leon panetta setting the stage may be the toughest confirmation battle yet. obama presidency. steven yates is here. great to see you. hagel voted against sanctions on iran. he objected to naming hezbollah and the iranian revolutionary guard terrorist groups. he advocated direct talks with hamas which as you know is a terrorist group. that is just a slice of his record. how controversial might hagel be? >> i think his nomination would be exceedingly controversial, most controversial nominee since john power was put forward by first president bush and that nomination failed. you are correct. his list of statements are long. he said the surge in iraq would be the strategic blunder vince

the vietnam war. he has been wrong many times. >> gregg: you told one of our producers this. hagel has been wrong about every major foreign policy decision over the last decade. president, you say, seems to admire it, really? >> in a certain way, president obama admires people who are willing to stand out against the grain. in some ways that can be leadership, but in other ways you are just wrong. senator hagel was an early advocate of engagement with the mullahs in iran and others who were terrorist organization and was very skeptical of any form of success in afghanistan and iraq. really, he has never put forward a proposal to solve a problem and questioned sanctions and if you take away sanctions and offer engagement with iran where do you go with the nuclear

problem there? >> rich lowery wrote the following. it's not clear what draws obama to hagel, maybe it's the gesture toward bipartisanship, his nomination would supportly represent. would he gain enough republican support? >> i have real doubts whether any republicans would want to vote in favor. caveat in general presidents gets their nominees for national security posted especially re-elected presidents. but i would suspect he would receive the fewest votes in the history of the position. >> gregg: what do you think the selection of chuck hagel would say about president obama's foreign policy values and views? >> think you look at this and going forward, together with senator kerry going to the state department, you have a decidedly

more liberal national security council, less intervention-i, one that favors dialogue and negotiations. given that we've had two yours in the middle east, i think more confusion what the united states would do to stand by allies and support those who favor freedom. >> gregg: hagel made a regrettable reference to the jewish lobby which the head of the adl called borderline anti-semitism. was that simply the slip of a tongue or was it evidence of a larger disdain for israel. is that a sentiment that may be shared by president obama? >> i can't, unlike things, i can't look into his soul and what his core beliefs are when it comes to israel and the religion of judaism. but his record in public, has been very sympathetic to those has he sees as downtrodden and

those are more sympathy to the palestinians. he is open to negotiating money and believing the power of engagement more than power of force or other incentives. >> gregg: does he have management experience. the pentagon is huge? >> the pentagon is the largest management responsibility short of commander in chief. he has some in ownership of a cellular network and banking but it pales in comparison as secretary of defense. >> jamie: there is a very different flu strain and what you need to keep you and your family healthy. stay with us. we'll be right back. anyone have occasional constipation,

diarrhea, gas, bloating? yes! one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. live the regular life. phillips'.

♪ >> i am jamie colby in for healther childress. >> i am greg. glad you are with us. brand new details about a deadly stand off in raur - aroura, colorado. >> and a brand new poll on what america thinks of

congress. they join us live. >> shocking case of a woman who prosecutors brutially murdered her boyfriend after he broke up with her. judge janine will be with us to weigh in on the newly released 911 calls. >> a severe strain of the flu is spreading over the country. so far 41 states are reporting wide spread cases and it is blamed in the deaths of 18 children, sending more than 2000 folks to the hospital. molly is live in washington about what is done. the actul number of deaths is higher than that. do we know? we don't know. 18 people under the age of 18 died from the flu. but we don't know how many over the age 18 may have died.

they are concerned about the flu season and here's why. it seems to be starting sooner than most flu seasons. it is associated with more flu years. they have enough flu shots. and it hit in the winter of 2003 and 2004 and spreading so rapidly because it hit early before the holidays. people had plenty of time to spread it in airplanes and

among their family . to give you ence is of how quickly it is spreading wide. here is it a graphic. in the gingof december 2.8 percent patients had ili. influenza-like illnesses and that jumped 5 and half percent by the end of december . at the peak of flu season last year. 2.2 percent of the patients were going to the doctor for influenza like illnesses. fair warning . coming up. thank you so much. we'll look closer and everything that you need to know about this particular flu strain. we can do that with dr. mark sequel. president obama is it flying back to washington from his hawaii vacation to fight the

debt ceiling. his arguments is not sitting well with republicans. allowing country to put on more debt without tackling spending is down right dangerous. wend all joins us live from honolulu. >> what the president doesn't want is for republicans to demand spending cuts in exchange for raising the debt soleing. it appears that will happen. he said it must be raised to cover money that congress has already spent . he's defending increased tax revenue and spending cuts. to be a part of the debt ceiling debate. spending cuts must be balanced with reforms to our tax code. the wealthest and biggest corporations shouldn't take of loop holes and deductions. it is settled when they raised

taxes on the rich . now they want to focus on spending cuts . they are likely to have more leverage . the if the is democrats refuse to take a meaningful statement to make washington live within its mean. that fails to acknowledge what every family knows. when you have no more money in the account and credit cards are maxed stop. that made employers less likely to hire. we can't afford that uncertain ty even with the threat of a default. it could trigger a global

recession . >> tomorrow on fox news sunday. john roberts with chris wallace . his guest republican jim jordan from ohio and democratic chris van hollen. check your time for times. >> fox news confirms that and it is chuck haggerty. and james rosen has this report. >> jamie, good evening. two democratic sources confirm to ed henry late yesterday that president obama settlod chuck haggerty to talk about the pentagon. many that the gop would face a

roggy hearing. the nevada senator has a history of blunt statements talking about the jewish lobby on capitol hill. hagel has resisted sanctions against iran and balked at hesbelloh as a terrorist i have issues of the statements he made in the past and his support on vietnam. - iran. >> his time to purple hearts serving in vietnam makes him eligible. president obama is throwing support with hagel and. heextraordinary work in the

and served the country with valor in vietnam and on my intelligence advisory board. doing an outstanding job. >> no decision was made on the top pentagon spot, jamie. >> thank you so much, james . and four people are dead after a long police stand off in a town home in aurora, colorado. a swat team responding after shots were heard inside of the building at 3:00 a.m.. hours later the suspect was killed firing at officers from a second story window. another two men and a woman found dead in the home. the incident occurring four miles from the aurora mile where a gunman killed 12 people in the midnight showing of the dark knight rises . the storm that dumped tin inches of snow in south texas

is producing rain in mississippi. throughout the afternoon and evening and then moves in the northeast by tomorrow morning. temperatures are close to average in the country. a new storm arrived in the pacific northwest with rain and mountain snow. that area remains unsettled for the next couple of days . also looking at the pictures of snow. pretty much cold everywhere. >> really coming down there. >> i guess i do weather now. it will be a snowy weekend in the u.s. greg. mountain snow in the pacific northwest and we'll keep an eye on it from your extreme weather system. >> congress is passing 10 billion in relief for victims of super storm sandy, all part of the fierce funding battle going on comes after congressman peter king and other lawmakers publicly voiced their outrage after

house speaker john bone bone cancel would the vote on the sand aid package earlier this week. thigh are in new york filling their pockets . but anyone who contributes one penny to runningal republicans is out of their mind. they put the knife in the back of new yorkers and new jersey tis it a disgrace. >> after a meeting with speaker bone bone. congressman king softened his stance. >> this is the package and the speaker decided not to bring it to a vote. we disagreed with that. that is in the past. bottom line friday morning january 15th, those two votes will bring in 60 billion that is necessary in new york and new jersey and connecticut . as far as i am concerned with

the new york and new jersey delegation, it is it positive news. >> now congress needs to deal with the rest of the 60 billion in funding. the passage for sandy supplements did little to appease angry democrats railing from speaker bone bone's decision to let it die. >> the bad news we had to go through the dog and pony show in the first place. the senate passed a good strong bill to help all of the victims was hurricane sandy. the house could have taken it up and passed it frantic cries for money as fema said they have enough emergency money to go through spring. we will not tolerate red tape and bureaucracy .

i instituted a 15 minute rule on my team. return their phone call in 15 minutes. mayor and governors and county officials f. they need something figure out a way to say yes. >> sendays before the presidential election. they donna was photographed in the comforting embrace of president obama. >> this is the owner of the marina . i want to make sure she will know she gets the help. >> it is confusing to me. i expected to be introduced to the director of fema and get me help. i thought i was getting help from fema as well and not that i have to get a loan. vanzant is waiting for the help to come. >> in similar circumstances, president bush was pummeled for the delay .

today speaker bone bone is largely taking the blame as the president escapes it the target may get larger as the house takes up the second sandy bill. it is it a second installment and likely to be the subject of furious debate. the republicans contend it is it laden with pork. >> none of the pork is in new york, new jersey and connecticut. it is it far away as alaska. >> the bill con150 million for fishery repairs and many other projects unrelated to hurricane sandy. >> that is far short of what the governors of new york and new jersey wanted which is 80 billion. thank you so much. clashes on an island with ancient grevances and sparking

the violence and how police are responding . bringing back the grand bargain? it failed the first time and so what makes the obama administration think it would work the next time. our political panel is here to weigh n and judge piro will look at the trifle a woman, this woman, accused of brutially murdering her former lover. >> you know of him having weapons at all in the house? >> it was. the boys use capital one venture miles for their annual football trip. that's double miles you can actually use. tragically, their ddy got sacked by blackouts. but it's our tradition! that's roughing the card holder. but with the capital one venture card you get double miles you can actually use.

[ cheering ] any flight, anytime. the scoreboard doesn't lie. what's in your wallet? hut! i have me on my fantasy team.

welcome back and time for a quick check of the head lions. violence for the third straight day in northern ireland in the belfast city council to stop flying the british flag year round. they are if i understanding off violent demonstrations . syria is set to give a speech on state tv. and coptic christians led by the new pope in egypt will celebrate christmas on monday. amid the concern for the safety of the president and constitution. >> the white house is hipting that it may hint at the grand bargain for the fiscal fight. you may recall that obama administration tried to strike a broad deal tackling taxes and entitlement spending during the debt-ceiling crisis

a while ago. is there any reason to believe what they didn't accomplish back in 2011, july will have a better chance of passing congress this time a? here is a former white house director under president george bush . we have a senator from west virginia. chris, let me start with you. the president and congress, chris had a year and a half to devise a plan to cut speppeding and reduce the deficit. why goodness can they do it in the next couple of months? >> i will want to be optmistic and say yes. but it is difficult. there is a culture of real division and distrust between

the major players. it doesn't seem that the parties trust each other. >> you are talking about bone bone and obama who don't much like each other? >> i would say the president and speaker and leader reid . you know, minority leadership mcconnell. they don't get along well together and that complicates thingings. >> they were taught in preschool how to get along. matt, speaker bone bone sworn off dealing with president obama and feels that the president sand bagged him and unreliable and untrustworthy. does that diminish chances of a grand bargain. the question of who likes whom? no one seems to like president obama and one of the reasons he has. >> that's true. >> no one in the terms of the four leaders. he hasn't forged a strong

relationship. i would have thought the best chance was forging a strong relationship with john bone bone who is a regular guy and willing to take political shots in order to push through a deal . even he can't get through to president obama that let's sit down and get there. >> cantor and bone bone aren't even talking too each other. at least they were around the fiscal cliff. chris let me go forward . they analyzed the fiscal cliff and they just made matters worse . increased spending $332 billion and then they added four trillion to the deficit. didn't the president and congress make it harder to reach some sort of a grand

bargain? >> well, it depends on whose math you subscibe tompt >> nonpartisan. >> the cvo has one and the white house has theirs . others say it adds 600 billion in revenue and cuts the deficit . >> no. you are subtracting the tax hikings. they took that into consideration. that didn't negate it? >> o&b calculates it differently in terps of what is deficit cutting and what is not. we have a serious fiscal problem. everybody understands that and in dealing with entitlements, the president acknowledges something should be i am not talking about raising rates. that is difficult . ine closing loop holes and tax reform. >> which is what the president wants now. >> it is the very same people

who got hammered. >> not if you do it in a smart way and you make the tax code fair and smarter and leaner. >> that is it an oy moron. >> matt, do the republicans have a stronger hand because the president needs the debt ceiling to be raised to keep the government rating. or is the gop get the blame if the government shut down the same way gingrich and republicans got plamed in 1996. >> the republicans couldn't have a worse hand than on the bush tax cuts. the president could drag his feet and then come back to the table which is what happens deb. we have hit the expiration to the department of treasury and they are finagling to pay the

bills to republicans in congress. we tend to lose the battles. these are battles that are okay to lose as long as we win the war. we have to be the party that cands up for economic responsibility and take steps to balance the debt and more importantly let's not get further downgraded by the credit ratings. it is interesting that you bring up that analogy. i will let you have the final word. peter, said by not insisting that the debt limit to be tied to the package it means that the president will win the weak week and lose the quarter. is he right about his former boss? it changed the calculations.

i have debt ceiling deal and sequestration and continued resolution extended. that creates a lot of obstacles for the big they have to come up with it and who has the leverage in the final situation? i am not sure the republicans win if the government shuts down, but it makes it more difficult for the president to get the dole he wants. but it fores the republicans to come to the table in ways they don't want. >> good to see you both and good discussion. take care. >> we are also just learning more about thousands of other new government regulations. >> the obama administration releases thousands of pages of proposed rules that impact the nation's economy. shannon green has the latest. >> by law, federal agencies

are required to release an accounting of proposed federal regulations each april and october. that didn't happen last year. insphed obama administration finally released the 20 12 regulatory on the friday afternoon before christmas. >> the fact that it snuck in after the election and the holiday season and when people were occupied with their families. it is not surprising. >> the current line up of proposed regulations span tens of thousands of pages. >> it is it basically all of the federals and thousands and thousands of these regulations and in very small type and it goes on and on and on . no way they could read it front to back. they would get a medal. >> and many of the entries in the regulatory plan lacked the fiscal information. it could cost more than 123

billion and take 13. 6 man hours. they do so without congressional involvement and giving the executive branch time to look at every facet of your life. >> the products that you buy they control your living conditions and work conditions and limit the kinds of activities that you can do . limit what you can do with your own property. >> it has issued, but the administration is behind when it come to regulatory deadlines with the dodd frank law missing 50 percent of them so far. shannon green, fox news. >> extreme measures taken to subdue an unpassenger on a flight to new york city. what would cause them to duct tape him to the seat.

>> not the bottle of scotch. i actul that. but there are new complications to safely free an oil rig. we have the latest on the situation as rough weather is moving in. the worry we have is safety. we have air assets and floating and people staged in different area system maintaining the safety. ♪ reach one customer at a time? ♪ or help doctors turn billions of bytes of shared information... ♪ into a fifth anniversary of remission? ♪ whatever your business challenge, dell has the technology and services to help you solve it. whatever your business challenge,

excuse me, sir i'm gonna have to ask you to power down your little word game. i think your friends will understand. oh no, it's actually my geico app...see? ...i just uh paid my bill. did you really? from the plane? yeah, i can manage my policy, get roadside assistance, pretty much access geico 24/7. sounds a little too good to be true sir. i'll believe that when pigs fly. ok, did she seriously just say that? geico. just click away with our free mobile app.

>> it is the bottom of the hour and time for top of the news and unruly airline passenger restrained big time with a lot of duct tape on a flight from iceland to new york city. he was restrained by crew and passengers and after hitting people and screaming profanity and spitting. >> a small plane crashing in a home and killing all people on board. the pilot reported mechanical problems. no one was injured. >> sen.5 magnitude earthquake rocking alaska and triggering a tsunami warning. it caused no damaging waves. >> there are serious new concerns over a shell oil

drilling rig that is stranded. it was halled south for upgrades when it was separated from the to youlines and complicating the everies to recover the ground rig. is the >> the rig is veged on the rocky banks of a small island in southern people . 600 people are involved in the sea, land and air recovery. the bad weather it is coming in the area and that means savage seas and hostile conditions. today they flew in more crews to fix the power problems on the rigs. people's lives are at risk. >> with so many people involved in the response. air assets and float and people in different areas it is it maintaining that safety. we are going on for days as you are aware .

challenging conditions . environment environmentalist are worried about the fuel on board. conditions in the artic are worse than conditions encountered recently . there is no question this confirms it is time to stop the drilling in the artic. >> that is it a massive debate. it is bad and the company is hoping it is not facing the equivalent of the deep water horr otherwison in 2010. that is it a big concern. >> live from los angeles. thank you. a severe flu strain is spreading over the country according to the cvc.

41 states are reporting wide spread cases. >> this is it sad. not only the 15,000 cases but some are turning deadly and a number of children have died. some states are reporting this is the worst flu season in a year. what you need to know to keep your family healthy. go to bring in dr. mark seagal and practicing internist . dr. seagal. you have worried about this flu for a long time. how bad is similar to the one in 2003. it is it influence is a. hn3 2 that is it a severe strain. it is easy to understand. a tiny package of genetic material covered with an envelope and it has proh and the n. it is it a variety that is it variety that is deadly. it enables other infections

like punone maia and sinus infections and they can get you. this year, the flu shot is a great match. they did a great job this year and identified it before it came up to the hemisphere and 60 or 80 percent successful in protecting you. if you vaccinate your family, you create a ring of immunity that protects your members. youngest and oldest and those with chronic illness. it is not too late to get the flu shot. the cvc doesn't think it has peaked yet. >> it early. three weeks it takes to get immune. there is it plenty of it out there this year. >> can it be clinically diagnosed. >> that is a great question .

the answer is probably yes. but not by you. by me. it is influenca-like illness. what is that? >> a certain kind of symptom. fever, cough. muscle aches and fatigue. fatigue is the big, big symptom and we call it one day you are walking around and next day you are tire headache and sore throat and muscle aches and get fever. i don't need to do a flu test. i can do that but it is only successful 50 or 60. i would rather diagnose it. but i would give you tamuflu. this particular medication is one that can cut down on the symptoms of flu and prevent shedding. >> it is prescription only. >> do we have that in the house and preair ourselves

will should be on the alert for this and if you have someone vulnerable like someone with chronic illness. right now get your flu shot. 41 states are showing wide spread activities and that means people viewing us is in a state where you are seeing a lot of flu. >> i always get nervous when i see the rubber. your nurse gave me my flu shot. but jamie she is a doctor herself . and i have to actul, she knows almost as much medicine as i am. i am getting ready to give her a flu shot. >> we don't show needles. i am geth ready. >> it is not too late and just about eligible everybody is eligible and there is plenty supply. >> everybody over the age of

six months should have a flu shot. >> thank you for caring about our viewers and bring us this important inform n we'll see you on sunday morning. >> and the rubber gloves are not for me. not this time. >> a dramatic twist in a high profile murder trial. what one woman told the detectives hours after she stabbed and shot her boyfriend in self defense. >> we had lots of fights. glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes. to volunteer to help those in need. when a twinge of back pain surprises him.

morning starts in high spirits, but there's a growing pain in his lower back. as lin grow longer, his pain continues to linger. but after a long day of helping others, he gets some helpful advice. just two aleve have the strength to keep back pain away all day. today, jason chose aleve. just two pills for all day pain relief. try aleve d for strong, all day long sinus and headache relief.

try aleve d for strong, all day long let'for an idea.s - a grand idea called america. the idea that if you work hard, if you have a dream, if you work with your neighbors... you can do most anything. this led to other ideas like lerty and rock 'n' roll. to free markets, free enterprise, and free refills. it put a man on the moon and a phone in your pocket. our country's gone through a lot over the centuries and a half. but this idea isn't fragile. when times get tough, it rallies us as one. every day, more people believe in the american idea

and when they do, the dream comes true. we're grateful to be a part of it. bijar new details in the trial of a woman who is charged in the brutal murder of her ex-boyfriend after he broke up with her. this past week we heard a phone call between the murder suspect and lead detective and the 911 call made by friends who found travis alexander's body brutally kill would. prosecutor said she shot him while he was in the shower and stabbed him 30 times and slit his throat. she called the lead detective the day after travis's body . jody was giddy and emotional . described herself as a good friend of travis and said she

wanted to help the police in any way she could but didn't know much thatabout the murder. listen. jody now attedmitts it was a lie and said she did kill him but it was self defense. joining me is the host of justice judge pirro. it is so amazing and has everything in it and they have to piece together the crime. she admitted she killed the gentlemen that she dated and they were on and off again. why is it necessary for the prosecutor to prove anything

else it is a death penalty case. >> intent is the most important thing. on the one hand, she first said she was not with him and then she said two people who came in and i got away and they killed him. no, i killed him in self defense. the reality she dated him and stocked him and it was a crime of passion . as a prosecutor when i run into the case, i like nothing better than a defendant who lies and makes up story after story. you don't stab twen or 29 times and shoot them and then you know slit their throat from ear to ear . then takes the camera and the camera shows them having sex and he's in the shower and she's dragging his body and put it in the washing machine but it was all caught on

camera. it is amazing she would have lied knowing all of the evidence was created. let me play a sound bite where she explains what the seen looks like. can we play that. >> he's dead. >>what a seen. sounds contaminated but do they know what he died from dispack slit of the throat and the gun? >> it is it trying to

distinguish that may have killed him. slitting his throat or gunshot? and what she should have as he had defensive wounds. >> how badly bruised and beaten was she. >> there is no proof she was a victim of anything. he was a sexual devient and that is how i was a victim. no evidence of bruising but because they didn't find his body for so many days, if she had injuries result of a homicide, they might have been healed or not visible from the get go in terms of her. you have a woman here who minds me of someone else. take a guess. >> yes, i am not sure why. casey thee thee. anthony. she looks like caseyanth thee and loves the lime light and facing the death penalty and in a case where all of the prosecutors say it sia wane-win. her dna in the blood of his in

the shower . you have the photographic evidence and lies and motive and he's taking another woman to cancun in a couple of days. but she is convinced no jury will convict me. >> the jury will lookalt a graphic scene and pictures . all of her concocted stoir store from one side of i didn't do it to the other one in self defense. how does a jury make sense. in that case of casey anthony they didn't have a con. >> here, the juries are going to look at the woman . she will have to take the stand if she wants people to believe she is a victim of domestuc violence. they look at people and analyze them and does it ring true? does it make sense and does the pieces together. >> she is a whack job and not

insane . she knows the difference between right and wrong and. changes the case. >> and when does it go to the jury . >> it is it a death penalty case and highly unusual for machine to sentence her to death. i believe they will. the evidence is there if they tompt >> savelet rest and we will have to watch tonight. the case is a fascinating case and we'll watch justice with judge janine. 9:00 p.m. . only here on fox news channel. you know how to find them. thanks for stopping by. >> manslaughter to murder . how about that. >> thank you, your honor,. >> and following the fiscal fight on capitol hill. numbers are in and how low has congress' approval rating been sinking and what deco do

americans think . job president obama is doing? ♪

>> it was ace nail biter but congress reached a last minute deal such as it is on the fiscal cliff. >> they always seem to pull it off. how does the mirn public feel about the deal that was made? according to the latest polling they are divided at 46 percent apiece. founder of rasmussen reportings. scott rasmussen, great to see you, scott. >> great to see you and the split is easy to explain.

democrats, thigh liked the deal most republicans don't and among affiliated voters, 57 percent say not a good deal. >> one . things you looked at scott is whether or not the taxes will rise and how people feel about that. your poll took place after the deal was made. how about when they opened the first paycheck of january. deco - do you think it would change? >> it is eight out of 10 americans and 50 percent realized it it is a big problem. all of the rhetoric from washington and congressional leaders and president was they would make the deal to protect the middle class from tax hikes n you make 50,000 your taxing will go up a thousand . you will see that. most republicans and unaffiliated voters do recognize the taxes are going up . most democrats don't and they like the deal. they opened smaller paychecks

and i expect the numbers will head south. >> we have 16.4 trillion in debt right now and the deficit spending is both parties, would agree some what out of control. what do folks think about cutting federal spending? >> they like the idea but don't think it is going to happen. from the beginning they wanted more spending cuts than tax hikes . only nine percent now expect spending to go down . greg, the numbers are simple. people want everything on the table. republicans say they want everything but the military, only one out of four agree. democrats say everything but entitlementings. congress is just not listening . how do people feel about the president and the job he's doing and congress at this stage? >> it is no match right now. 56 percent of the president . that is a bounce after his

reelection . partly because of the fact that he recognized that most people don't think the economy is fair to the middle class. you get to congress. only five percent think that members was congress are doing a good or excellent job. that is 10 10 percent . jamie, i think that it could go lower. partly because of the tax issue we mentioned earlier and partly because we have another cliff coming up and congress and president are not looking good. >> is it even possible to get lower than five percent. can you get to zero or one percent. >> you can't get to zero or one. they do have family and friends and legislators who are likely to be sympathetic. but i could see three or four percent and poor ratings going up. this is a time that the economy does not turn around quickly, the mood will get

sour . one thing that is important to note. it is not that we are just mad at congress. six out of 10 think their own representative trade votes for cash. >> thank you. take care. everybody. bye-bye . newspaper names of gun owners . we have the exclusive story. plus was it murder? whitny houston's death. [ roasting firewood ]

♪ many hot dogs are within you. try pepto-bismol to-go, it's the power of pepto, but it fits in your pocket. now tell the world daniel... of pepto-bismol to-go. >> thank you for joining us

and welcome to a brand new hour. i am rick. >> and topping the news at this hour. brand new details about the pilot that the ta said was pulled from duty minutes before take off smelling of >> it may not be much but it could be a once in a childhood chance to go sledding. we'll tell you why . - where. phet out to school. we have tasteyest chocolate cereal. >> and that will not widen your waistline. and we begin with brand new information from the centers of disease control and prestrention. flu cases hitting peak levels. a severe strain making its way and spreading to 41 different states. holly - molly is following all of this. >> doctors say this year's flu shot is a match for the flu

virus that is going around and the vaccine is effective 60 percent of the time and it is time to get your flu shot that takes two-three weeks to be effective. they are concerned about the flu season because it is it hitting early and it is it a influenza a strain that similar to the flu that hit hard in the winter of 2003 and 4. >> when you have a flu that is so early. november, and december . we are in deep trouble because the type of the flu that we have is the infruensa a. h3 n 2. this particular virus is a agrissive deadly one and put thousands of people in the hospital and dozens of kids have died of this. >> and here is the map of the information on where it is hitting. they are reporting high lli activity. influence it like illness.